Opinion

Brown

Court
District Court, N.D. California
Filed
Sep 25, 2023
Cited by
0 cases

The opinion

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2

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4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6

7 BRUCE BROWN, Case No. 23-cv-03583-JD

g Petitioner,

9 y. ORDER RE DISMISSAL

Re: Dkt. Nos. 2, 6

10 PHIFFER,

ll Respondent.

12

Petitioner, a state prisoner, filed a pro se habeas petition pursuant to 28 U.S.C. § 2254.

14 || Court records indicate that petitioner filed a petition raising similar claims challenging the same

3 15 conviction that was denied as untimely. See Brown v. District Attorney, Case No. 22-cv-5609 JD.

16 || This case is dismissed as duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684,

3 17 || 688 (9th Cir. 2007). To the extent petitioner seeks to file a new petition about resentencing that

18 would not be a successive petition, he must first exhaust that claim in state court.

19 The case is dismissed without prejudice as duplicative. The pending motions (Dkt. Nos. 2,

20 || 6) are vacated. No fee is due. A certificate of appealability is denied and the Clerk is requested to

21 close this case.

22 IT IS SO ORDERED.

23 Dated: September 25, 2023

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25

JAMES ATO

26 United Sfates District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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